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Elbow Injury Claims

Guide to Elbow Injury Claims

To sustain an elbow injury in an accident for which you were not to blame can be a frustrating experience. Not only might you have to put your life on hold temporarily while you recover from your elbow injury, but you are likely to receive conflicting advice from well-meaning friends about your eligibility to make elbow injury claims for compensation.

This guide to elbow injury claims provides basic information about qualifying for compensation for an elbow injury and how to avoid some of the pitfalls associated with claims for an elbow injury. However, as no two claims for elbow injury compensation are identical, you are advised to speak directly with a UK claims solicitor after reading this article and discuss the circumstances surrounding your accident to ensure that you have a claim for elbow injury compensation which is worth your while to pursue.

Establishing Your Eligibility to Make Elbow Injury Claims

Your eligibility to make elbow injury claims for compensation will depend on the circumstances surrounding your accident. Legally, in order to make claims for an elbow injury, your injury must have been sustained in an accident which was caused by somebody who owed you a “duty of care”. In layman´s terms this means that somebody who had a responsibility for your health and safety failed in their obligation, and you suffered an elbow injury as a result of their negligent actions – or lack of actions. Some examples of how a breach in a “duty of care” might result in an elbow injury include:-

  • A motorist who pulls out from a road junction without due care and attention and collides with a motorcyclist they have not seen – injuring the motorcyclist´s elbow in the accident.
  • An employer who fails to replace a worn carpet in the office, over which an employee trips and injures their elbow when he or she falls
  • A shopkeeper who is negligent in keeping the aisles in his shop clean, and a shopper slips on an item of food on the floor and suffers a injured elbow as a result
  • A local council who neglect to keep the roads in a good condition, resulting in a cyclist sustaining a elbow injury when he or she hit a pothole in the road

Not all duties of care are “absolute” and, even though you may have sustained an injured elbow in an accident for which you were not to blame, you may not be entitled to make elbow injury claims for compensation in every event. An example of this would be if the shopkeeper in the above illustration generally kept a clean and tidy shop, but you injured your elbow after slipping on an item of food which had just fallen from another shopper´s trolley and which the shopkeeper did not have a reasonable period of time to remove.

A solicitor would use the shop´s CCTV security footage to determine whether the item of food had presented the risk of an elbow injury for an unreasonable period of time when compiling a claim for elbow injury compensation, and also use the testimony of other shoppers to support an elbow injury claim. There may be circumstances in which police reports or investigations by the Health and Safety Executive can also establish your eligibility to make elbow injury claims and your solicitor will use every option available to assemble the strongest possible elbow injury compensation claim on your behalf.

Avoiding Contributory Negligence in Elbow Injury Claims

There are some scenarios where the victim of a elbow injury has contributed to the cause of their accident – for example if the cyclist who hit the pothole in the road did not use a front light on their bike when cycling at night – and although the cyclist may not be disqualified from making elbow injury claims, how much compensation for an injured elbow they receive will be reduced to reflect their own lack of care.

Even if you have not contributed to the cause of the accident in which you suffered an injured elbow, if you failed to seek immediate medical attention or neglected to keep follow-up hospital appointments once you had received primary treatment for your elbow injury, it could be alleged by the negligent party´s insurance company – the people who ultimately pay elbow injury compensation settlements – that you contributed to the severity of your injury and, if proven, your compensation for a elbow injury would also be reduced.

Making Claims for Elbow Injury Compensation

When your solicitor has compiled the strongest possible elbow injury compensation claim, he or she will send a Letter of Claim to the negligent party, advising that you are making a claim for elbow injury compensation against them. In most cases, the negligent party will forward the Letter of Claim to their insurers, who have 28 days to acknowledge your claim for elbow injury compensation and up to ninety days to inform your solicitor whether their client accepts liability for your elbow injury.

No mention is made in the Letter of Claim of how much compensation for an elbow injury you are claiming – indeed it may be too early to identify all the consequences of your accident and the impact that your elbow injury has on your quality of life. Should liability for your accident be accepted, the calculation of how much elbow injury compensation you will be entitled to will be made when a full assessment of your claim has been completed. Should liability for your elbow injury be declined, your solicitor will issue court proceedings against the negligent party.

Out of Court Settlements for Elbow Injury Claims

When your solicitor issues court proceedings in support of an elbow injury claim, it often has the effect of eliciting an approach by the negligent party´s insurance company with an offer of elbow injury compensation in settlement of your claim. The potential costs of defending a elbow injury claim for compensation, without a guarantee that a court will find in their client´s favour, means that it is often cheaper for the insurance company to settle out of court without admitting liability for your elbow injury than it is to continue denying their client´s negligence.

However, offers of out of court settlements for elbow injury claims (or “Part 36 offers” to give them their legal title) are not always made to a solicitor, but to the claimant themselves. If you are approached directly by an insurance company with an out of court settlement for your elbow injury claim, you should advise your solicitor immediately. Even if you have concerns about your short-term finances – and the insurance company´s offer of elbow injury compensation appears inviting – by approaching you directly, the insurance company has effectively admitted their client´s liability for your elbow injury and, if short term finances are an issue for you, you solicitor can now apply for interim payments of elbow injury compensation until your claim for a elbow injury is finally resolved.

How Elbow Injury Compensation is Calculated

As mentioned above, when elbow injury claims are first notified to a negligent party, no mention is made of how much elbow injury compensation you are claiming. This is because there are four main elements of an elbow injury claim for compensation – at least two of which will not be known until a period of time has elapsed since the accident in which your elbow was injured.

The first element is compensation for the pain you experienced at the time your elbow was injured and that you may continue to experience throughout your recovery. Although pain is not tangible, how much compensation for an elbow injury you receive will be calculated according to previous awards of elbow injury compensation for people of your age, gender and general state of health prior to the accident in which your elbow was injured.

If you have suffered any quantifiable psychological injury as a direct result of the accident in which your elbow was injured, you will also be entitled to include this in your elbow injury claim. Quantifiable psychological injuries include Post Traumatic Stress Disorder – if the violence of the accident in which your elbow was injured has an emotional effect on you – depression and anxiety throughout your recovery, and a loss of confidence if you elbow injury deprives you of the self-assurance to work, drive or socialise.

You will also be able to claim elbow injury compensation for the physical consequences of your accident. Therefore, if your injured elbow prevents you from completing everyday tasks, enjoying leisure pursuits or participating in social events, this “loss of amenity” should also be considered in elbow injury claims. Indeed, it is recommended that you maintain a diary during your recovery from an elbow injury to record the times when your injured elbow prevents you from leading a full and active life, as some of the inconveniences you experience now may well be forgotten as the condition of your elbow injury improves.

The final element of your claim is known as elbow injury special damages. Elbow injury special damages enable you to recover any financial costs you may have incurred which are directly attributable to your accident. Therefore, if you have paid for medical treatment or medication for your elbow, or have had to pay for alternate forms of transport while unable to drive because of your elbow injury, these expenses should be included in elbow injury claims in order that your financial situation – after your claim for elbow injury compensation is resolved – is no worse than if the accident in which your elbow was injured had never happened.

Elbow injury special damages also enable you to recover any loss of income – both past and in the future – and, if necessary, account for future costs you may encounter such as physical or psychological therapy, rehabilitation and plastic surgery if a visible or unsightly scar develops from your elbow injury. Because of the many different variables which combine in elbow injury claims for compensation, you can understand why we introduced this article by saying that no two elbow injury claims are identical and why you should always seek professional legal advice from a UK claims solicitor at the first possible opportunity.

Free Advice from Elbow Injury Claims Solicitors

Therefore, if you have sustained an elbow injury in an accident for which you were not totally to blame, you are invited to call and get free advice from an experienced elbow injury claims solicitor. You will be able to describe the circumstances of your accident, establish that you may have a claim for elbow injury compensation which is worth your while to pursue and ask any questions about claiming compensation for an elbow injury which are not covered in the information above.

There is no obligation on you to proceed with an elbow injury claim for compensation once you have spoken with us, and no pressure will be put upon you to do so. We will provide you with the information you need to decide whether you wish to make a claim for elbow injury compensation and, if so, when you would like to make it. We would advise against any delay in seeking professional legal advice regarding elbow injury claims, as evidence of negligence may often be inadvertently removed and CCTV video erased or recorded over when it is believed to be no longer of use.

No Win No Fee Elbow Injury Claims

After you have spoken with our solicitor, you may be offered legal representation in a claim for elbow injury compensation on a conditional fee basis. “No Win, No Fee” elbow injury claims – as they are more popularly known – enable you to pursue a claim for elbow injury compensation without having to be concerned about your solicitor´s legal fees should you lose your elbow injury claim. You will also be assured of retaining 100 percent of your elbow injury compensation when your claim is won.

Please note that the offer of a “No Win, No Fee” elbow injury claim is not a guarantee of success, and some terms and conditions apply to “No Win, No Fee” elbow injury claims which mean it may be necessary to take out protection against financial exposure if you claim is lost – in which event you could be personally liable for the defendant´s legal costs. Our solicitor will explain everything you need to know about “No Fee, No Fee” elbow injury claims should this be a route you wish to investigate.